Circumstantial evidence can sustain case to prolong in 498a cases
Gagan Souri
(Querist) 26 April 2012
This query is : Resolved
Hello Members,
No evidences collected by Police against
A1 – A6 in 498a, as provided U/s 170 CrPC
except 161 CrPc statements
(witness who were no where related to the place of matrimonial home)
Wife divorced and Re-married.
Later A2, a3, a4, a5, a6 got interim quash
Query:
By the seeing the case file...
the magistrate cant understand and dispose the case as provided U/s 169 CrPC
and as observed in:
BHINANDAN JHA & ORS. v. DINESH MISHRA - Supreme court DATED17/04/1967
I mean A1(husband) destiny has to face trial loosely based on circumstantial evidence, years together for these false fake 161 CrPc statements bribed by the
de facto complaintant & her family.
Advice from expert members
Devajyoti Barman
(Expert) 26 April 2012
Even if the case is palpably false if it is not quashed against the accused person then he has no option but to face trial.
Guest
(Expert) 26 April 2012
better go for quash before highcourt. but in this juncture the quash will not be ordered since investigations are to some what extent completed. but you can make directions to file final report and get the matter quick for trail or disposal according to law.
Raj Kumar Makkad
(Expert) 26 April 2012
There is no other option bu to face trial effectively.
Deepak Nair
(Expert) 26 April 2012
Approach the High Court for quash, otherwise contest the case.
PARTHA P BORBORA
(Expert) 26 April 2012
there is no option except facing the trial. consult a local lawyer soon.
SAINATH DEVALLA
(Expert) 26 April 2012
Dear Gagan,
You should go for a quash,immediately as soon as the case is filed,because delay creates a lot of technical problems.The quash purely depends on the demerits of the complaint and the filing of the case.My sincere advice to everyone is never waste a minute,if you feel that you are going to be dragged to the court.
Another thing is always give the details of the complaint,as the strength of the case is based on it.There is nothing wrong in posting the details in the forum and the experts will be in a position to put you on the right track.
Shonee Kapoor
(Expert) 26 April 2012
Face trial.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 26 April 2012
Quash is not usual but exception hence you do need to face the trial unless you have some convincing ground of quash.
